Written by William A. Earnhart Continued from Trial in the Age of Zoom, Part 2: Practical Advice The first two weeks of January 2021, my team and I were consumed with a trial that was conducted exclusively remote, via Zoom. Being as it was the first full civil trial...
Firm News
Trial in the Age of Zoom, Part 2: Practical Advice
Written by William A. Earnhart Continued from Trial in the Age of Zoom, Part 1: Initial Observations The first two weeks of January 2021, my team and I were consumed with a trial that was conducted exclusively remote, via Zoom. Being as it was the first full civil...
Trial in the Age of Zoom, Part 1: Initial Observations
Written by William A. Earnhart For myself and my team, the first two weeks of January 2021 were consumed with what may have been the first full civil trial in Alaska conducted exclusively online, remotely, via Zoom. For background, this was a bench trial; each party...
Why do people declare bankruptcy?
Individuals who decide to declare bankruptcy may arrive at that decision for very different reasons, and it’s wise never to assume that your solution is going to be the same as someone else’s. You need to consider the options that are best for you. To do this, you can...
BHBC Participates in Webinar “”Reopening Woes: When Reopening Your Business Brings More Questions Than Answers”
Birch Horton Bittner & Cherot attorneys Jennifer Alexander and David Karl Gross joined forces with RISQ Consulting for a round table discussion on what businesses and organizations must consider when reopening to protect against legal liabilities. RISQ Consulting...
There is No Sanity Clause – Performance of Contracts in Bankruptcy
Written by George R. Pitts There is a famous scene in the Marx Brothers’ film Night at the Opera in which Groucho, representing an opera company, tries to get Chico, representing a singer, to sign his singer up with the opera company. They begin with a lengthy...
Alaska Supreme Court Once Again Hammers a Contractor on the Requirements of a State Contract
Written by Adam Cook Even with recent cuts in state spending, the Alaska Department of Transportation and Public Facilities (“DOT”) still provides about $500 million in contracts every year to Alaska’s contractors and subcontractors. That’s about seven percent of all...
The Legal Doctrine of Frustration of Purpose Makes a Comeback in the Face of COVID-19
Written by David Gross There is a seldom-used legal doctrine called “frustration of purpose” that provides a party with the ability to walk away from a contract when the purpose of a contract is totally defeated by an unexpected event. This doctrine was first...
Can a Contractor be Terminated Due to Delay Caused by an Epidemic?
Written by Adam Cook If the COVID-19 Pandemic makes it impossible – or even illegal – for a contractor to maintain the necessary workforce on a project, the resulting delay in progress is almost certainly outside the contractor’s control. But can the project owner...
BLM’s Publication of its FEIS Brings the Ambler Road Project A Critical Step Closer to Reality
Written by Jon Devore, Elisabeth Ross and Nicole Bayne On March 27, 2020, the Bureau of Land Management (“BLM”), within the Department of Interior, published its Final Environmental Impact Statement (“FEIS”) on The Alaska Industrial Development and Export Authority’s...